| Case ID |
20032eda-1aa2-43b4-b0ed-81eefd1c7804 |
| Body |
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| Case Number |
Writ Petitions Nos. 13955, 13222, 13914, 12410 and |
| Decision Date |
Aug 06, 2002 |
| Hearing Date |
Aug 06, 2002 |
| Decision |
The Lahore High Court dismissed the writ petitions challenging the delimitation of constituencies as finalized by the Election Commission of Pakistan. The court held that the delimitation was conducted in accordance with the principles outlined in the Delimitation of Constituencies Act, 1974. The petitioners failed to implead necessary parties and did not challenge the vires of the orders passed by the Election Commission. The court emphasized that the jurisdiction under Article 199 does not allow it to substitute its findings for those of the competent authority and that the adjustments made by the Election Commission were lawful and justified based on population distribution and geographical considerations. |
| Summary |
In the consolidated case of Writ Petitions Nos. 13955, 13222, 13914, 12410, and 12080 of 2002, the Lahore High Court addressed challenges to the delimitation of constituencies as determined by the Election Commission of Pakistan. The petitioners argued that the delimitation process violated the principles set forth in the Delimitation of Constituencies Act, 1974, particularly regarding population distribution, administrative boundaries, and public convenience. The court found that the Election Commission had adhered to the required legal framework and had conducted hearings before finalizing the delimitation notification. The decision reiterated the importance of following statutory guidelines and the necessity of including all necessary parties in legal proceedings. The ruling underscores the court's limited jurisdiction in matters of factual determination and administrative decisions made by the Election Commission. This case highlights critical issues related to electoral law, the importance of proper representation in legal challenges, and the legal framework governing constituency delimitation in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Election Commission of Pakistan
|
| Judges |
SYED ZAHID HUSSAIN,
CH. IJAZ AHMAD
|
| Lawyers |
Ch. Naseer Ahmad Bhutta,
A. Karim,
Pir S.A. Rashid,
Ch. Mushtaq Ahmad Khan,
Kh. Saeed-uz-Zafar,
Rana Muhammad Aslam,
Ali Asghar Ch.,
Rana Zulfiqar Ali
|
| Petitioners |
,
SHAHBAZ KHAN
|
| Respondents |
ELECTION COMMISSION OF PAKISTAN through Chief Election Commission, Islamabad
|
| Citations |
2003 SLD 3270,
2003 PLD 125
|
| Other Citations |
PLD 1973 SC 24,
1980 CLC 544,
PLD 1991 SC 531,
PLD 1973 SC 49,
PLD 1988 Lah. 725,
PLD 1989 SC 26,
PLD 1987 SC 447,
PLD 1992 SC 221,
1984 CLC 115
|
| Laws Involved |
Delimitation of Constituencies Act (XXXIV of 1974),
Constitution of Pakistan (1973)
|
| Sections |
11,
10,
9,
10-A,
199
|